Unlike civil, family relationships are lasting and perpetual. If a child is born or people enter into a marriage, then such actions are inherently perpetual. For urgent family relationships include custody or guardianship of a minor, that is, such legal relations will end when the child reaches a certain age. The same can be said about the payment of alimony.
The concept and features of family relationships
This term refers to social relations of property and personal nature. The participants in such relations are subjects of law and obligations, which are formed and changed in the future on the basis of legally significant facts, for example, during marriage, birth and so on.
The features of family relationships include:
- based on the legal equality of all parties involved;
- are separate;
- based on moral standards;
- are formed solely on the basis of free will;
- arise between individuals.
In family law, the most significant role is assigned to personal non-property relations arising in the family, rather than property.
Another very important feature of family relationships is gratuitousness. The most striking example is the payment of alimony. If the recipient of the alimony provides a counterclaim to the payer, then such relations will already be a kind of civil.
Signs
First of all, family relationships are individualized, that is, they can arise exclusively between specific participants. Relations are social and socially significant.
Legal relationships in the family require certain legal obligations and rights for each entity that arise in certain circumstances.
Another sign and feature of family relationships is inalienability. That is, the rights and obligations that arose in the family cannot be presented, sold or transferred to another person, or bequeathed. And, of course, such relationships are exclusively personally trusting.
Subjects
The subjects of family relations are all family members, including guardians, stepfathers, stepsons, educators, grandmothers and so on. In family law, the term “family member” is distinguished, and it can be concluded that these are persons who are bound by common family obligations and rights. Such persons live together or separately, for example, aunts, grandparents, and may be former family members, that is, divorced spouses.
The family is a separate subject of law. In sociology, this word is interpreted as a separate small social group of people united by blood or other connections that are equated with the first. All family members have mutual obligations and rights.
The objects
The objects of family relations are:
- Actions as a result of conscious choice, that is, the choice of the second half, last name. The main thing is that this action is conscious.
- Property These are the aggregate property rights of both spouses and other family members to own and dispose of joint property.
Actions as an object of family legal relations are divided into two types:
- Positive. For example, the conscious choice of spouses in choosing the place of stay of the family or the voluntary payment of alimony.
- In the form of abstinence. The most striking example is the confidentiality of adoption by parents or the obligation to prevent harm to the health of the child and so on.
Spouses have a subjective right to use, own and dispose of common property, therefore they are even entitled to demand from third parties to refrain from violating their rights.
Content
What is the essence and features of family legal relations? The fact that such relations form duties and rights for all entities. Each family member has legal capacity and, under certain conditions, legal capacity arises.
Legal capacity in this case means the ability to have obligations and rights in the family. It arises from the moment of birth, but the legal capacity varies with age and fully arises from 18 years of age, that is, from the moment of coming of age.
Legal capacity is the ability of a family member to exercise and acquire rights and obligations in the family. It is important to note that legal capacity is not a prerequisite for the emergence of family relationships. Family law does not establish the age at which it comes. Therefore, most often, legal capacity and legal capacity arise simultaneously.
However, civil and family legal capacity are often interconnected. For example, if, for medical reasons, due to a mental illness, a citizen loses his civil capacity, then he automatically loses his family capacity, that is, he does not have the right to marry, cannot become a foster parent, and so on.
Classification
Features and types of family relationships have a fairly broad classification:
- The content distinguish non-property and property relations.
- According to the specifics of the content: parental and marital.
- By subjective composition: complex and simple. The latter type is a relationship in which there are only two participants, for example, a spouse. Complex is a relationship in which there are three participants, for example, parents and a child.
- On the distribution of obligations and rights: bilateral and unilateral.
- By type of individualization: absolute and relative. The latter include those relations where all participants in the relations are known in advance and by name. Absolute legal relations arise when only one party is known in advance, but this type is practically not characteristic of family law.
And the last type of classification - depending on public interest. There are three types in this category. The first type is when relations are regulated imperatively, that is, they are associated with guardianship or adoption. The second type is the implementation of obligations and rights, although it is public in nature, but the protection and implementation of them is the responsibility of the parties to the relationship. The most striking example is child support, that is, the parent who left the child seems to have to pay money, but takes refuge, and the second native person goes to court to recover the required payments. The third type is present exclusively on dispositive principles, and there is no public interest in it.
Who provides protection and how?
The peculiarities of family legal relations, as well as others, are that they quite often require protection.
Family-level relationships are subject to two types of protection:
Legal protection of legal relations is dealt with by the guardianship authorities, the prosecutor's office, the registry office and the court. Non-legal protection is provided at the family level. For example, divorce, invalidation of the transaction, compensation for harm and loss. Such measures are aimed at protecting the rights of the injured party.
Jurisdiction and jurisdiction
Despite the fact that any society consists of many families, in the procedural plan, it is family disputes that most often occur.
Features of the consideration of cases arising from family legal relations is that each category of litigation is subject to a specific instance:
- questions about children, about the establishment of paternity (maternity), about adoption, about the deprivation of the rights of parents are subject to consideration in district courts;
- Justices of the peace consider matters related to divorce, the recovery of alimony and other disputes in the field of marriage.
It should be borne in mind that if the claims are heterogeneous and it is difficult to determine jurisdiction, then it is necessary to apply to the district court.
The essence and features of family legal relations is that in the event of a divorce, it is not allowed to bring a third party to the dispute. Even if when considering a divorce case there is an independent requirement regarding the division of property, such a requirement will be allocated in a separate proceeding.
Conclusion
In short, the peculiarities of family relationships are that they can arise and exist only between individuals. These relationships do not imply the transfer of one’s own obligations and rights to others. This is possible only in extreme cases, for example, if parents trust the upbringing of their child to a nanny or caregiver. Although such a relationship does not mean that the parents transferred their parental rights to a third party.
The statute of limitations does not apply to family legal relations, since personal and non-property legal relations prevail in them. The exceptions include disputes about the division of jointly acquired property, about alimony.